Legal Opinion
State v. Rathbun
Court of Appeals of Oregon
Decided November 21, 1978No. C 77-06-07805, CA 10265PublishedCited by 9 opinions
1Opinion of the CourtGillette, J.
The issue in this case is whether there is a constitutional bar to retrial upon double jeopardy grounds where, during the course of the first trial, the bailiff made improper remarks to the jury. We hold that, under the facts of this case, there is no bar.
Defendant was tried on a charge of First Degree Robbery, ORS 164.415, in a three-day trial which began on October 4, 1977. The jury retired to deliberate at noon on October 6. They were sequestered overnight by the court and returned to continue deliberations on the morning of October 7. As of noon that day, it became apparent that the jury…
2Cases cited13 opinions
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. PerezSupreme Court of the United States · 1824
- Wade v. HunterSupreme Court of the United States · 1949
- United States v. DinitzSupreme Court of the United States · 1976
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3Cited by9 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- State v. KennedyOregon Supreme Court · 1983
- People v. DawsonMichigan Supreme Court · 1988
- State v. RathbunOregon Supreme Court · 1979
- State v. KennedyCourt of Appeals of Oregon · 1980
4 more not listed; retrieve them via the Exa API.